ERISACourt RulingsFeb 22, 2000★ strong match
…he matter,
and conclude that he did deposit the check in the said mailbox on
Thursday, December 31, 1999, at on or about 4:30 p.m.; that it was
not picked-up on that date, and that, due to the intervening New
Year' s holiday on Friday, January 1, 1999, and the weekend of
January 2 and 3, 1999, the pick-up was not made …
90 FR 3667 — Prohibited Transaction Exemption (PTE) 2002-51 To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program ERISAFinal Rules (FR)Jan 15, 2025related by meaning
act me if you have any questions at [Insert Telephone Number of a Person Employed by the Applicant Who Is Knowledgeable About this Matter].
Sincerely, [Insert Name and Title of Person Employed by the Applicant]
Footnotes
1.
Under Reorganization Plan No. 4 of 1978, 5 U.S.C. App., the authority of the Secretary of Treas…
81 FR 21181 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit Plans and Broker-De… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
tion.
Back to Citation
14.
67 FR 64137 (October 17, 2002).
Back to Citation
15.
See
Advisory Opinion 2011-08A (June 21, 2011).
Back to Citation
16. As noted above, for purposes of this amendment, the terms “Individual Retirement Account” or “IRA” mean any account or annuity described in Code section 4975(e)(1)(B) t…
81 FR 21147 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 84-24 for Certain Transactions Involving Insurance Agents and Brokers, Pension Co… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
failure to maintain the required records with respect to a given transaction or set of transactions does not affect the relief for other transactions. The Department has accepted these comments and made the requested revisions. Thus, the Department specifically clarified that “[f]ailure to maintain the required records…
89 FR 32346 — Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128 ERISAFinal Rules (FR)Apr 25, 2024★ strong match
…o Citation
40.
See BancOklahoma Mortg. Corp.
v.
Capital Title Co., Inc., 194 F.3d 1089 (10th Cir. 1999) (stating that McCarran-Ferguson Act bars the application of a Federal statute only if (1) the Federal statute does not specifically relate to the business of insurance; (2) a State statute has been enacted for the …
89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024★ strong match
… Citation
105.
See BancOklahoma Mortg. Corp.
v. Capital Title Co., Inc.,
194 F.3d 1089 (10th Cir. 1999) (stating that McCarran-Ferguson Act bars the application of a Federal statute only if (1) the Federal statute does not specifically relate to the business of insurance; (2) a State statute has been enacted for the …
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024★ strong match
…inder its operation or “frustrate [a] goal of that law.”
Humana Inc. V. Forsyth,
525 U.S. 299, 308 (1999).
Back to Citation
113. Reorganization Plan No. 4 of 1978 (5 U.S.C. App. 1 (2018)) generally transferred the authority of the Secretary of the Treasury to grant administrative exemptions under Code section 4975 to …
ERISACourt RulingsOct 14, 1999
…partment of Labor
Office of Administrative Law Judges
Heritage Plaza Bldg. - Suite 530
111 Veterans Memorial Blvd
etairie, LA 70005
(504) 589-6201
(504) 589-6268 (FAX)
DATE: October 14, 1999
CASE NO.: 1999-RIS-53
In the Matter of
U.S. DEPARTMENT OF LABOR,
PENSION AND WELFARE BENEFITS ADMINISTRATION,
Complainant
v.
COMP…
ERISAFinal Rules (FR)Feb 24, 2023
Agencies in estimating burden related to the Form 5500 Annual Return/Report since 1999. See 65 FR 21068, 21077-78 (Apr. 19, 2000); Borden, William S., Estimates of the Burden for Filing Form 5500: The Change in Burden from the 1997 to the 1999 Forms,
Mathematica Policy Research, submitted to DOL May 25, 1999.[46]
The c…
87 FR 70753 — Prohibited Transaction Exemption (PTE) 2002-51 To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program ERISAProposed Rules (FR)Proposed Nov 21, 2022related by meaning
he Department no longer believes that posting the notification is reasonably calculated to ensure that interested persons actually receive the notice. The Department has reviewed several notices to interested persons submitted to the applicable Regional Offices and found that some of them do not meet the applicable req…
80 FR 22004 — Proposed Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Em… ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
on, at 26 CFR 54.4975-9(c), which interprets Code section 4975(e)(3).
Back to Citation
6.
Advisory Opinion 76-65A (June 7, 1976).
Back to Citation
7. The Department initially proposed an amendment to its regulation under ERISA section 3(21)(A)(ii) and Code section 4975(e)(3)(B) on October 22, 2010, at 75 FR 65263. It…
ERISAProposed Rules (FR)Proposed Sep 15, 2021
… been used by the Agencies in estimating burden related to the Form 5500 Annual Return/Report since 1999. See65 FR 21068, 21077-78 (Apr. 19, 2000); Borden, William S., Estimates of the Burden for Filing Form 5500: The Change in Burden from the 1997 to the 1999 Forms, Mathematica Policy Research, submitted to DOL May 25…
89 FR 23090 — Amendment to Prohibited Transaction Class Exemption 84-14 for Transactions Determined by Independent Qualified Professional Asset Managers (the QPAM Exemption) ERISAFinal Rules (FR)Apr 3, 2024★ strong match
… and insurance companies from consolidating. However, the passage of the Graham-Leach-Bliley Act in 1999 [35]
removed these barriers, which led many commercial banks, investment banks, securities firms, and insurance companies to consolidate. The Department understands that significant consolidation has occurred since …
ERISAProposed Rules (FR)Proposed Jul 21, 2016
… been used by the Agencies in estimating burden related to the Form 5500 Annual Return/Report since 1999.
See65 FR 21068, 21077-78 (Apr. 19, 2000); Borden, William S.,
Estimates of the Burden for Filing Form 5500: The Change in Burden from the 1997 to the 1999 Forms,
Mathematica Policy Research, submitted to DOL May 25…
87 FR 45204 — Proposed Amendment to Prohibited Transaction Class Exemption 84-14 (the QPAM Exemption) ERISAProposed Rules (FR)Proposed Jul 27, 2022related by meaning
…to Citation
45.
2 U.S.C. 1501
et seq.
(1995).
Back to Citation
46.
Federalism, 64 FR 153 (Aug. 4, 1999).
Back to Citation
47.
5 U.S.C. 804(2) (1996).
Back to Citation
48.
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Back to Citation
49.
ERISACourt RulingsJun 9, 2000
… order to protect the pecuniary interests
of the people covered under these plans. 29 U.S.C. §
1001(1999).
As such, ERISA requires administrators of employee benefits plans to file an annual report for each employee
benefit plan covered including an IQPA for the plan year. 29 U.S.C.
§ 1023(1999). ERISA further requires…
ERISACourt RulingsJun 26, 2013
…es, LTD , 2005 - RIS -
00115 (ALJ, Oct. 19, 2006); U.S. Dep’t of Labor, PWBA v. Compgraphix, Inc. , 1999 - RIS - 53 (A LJ, Oct. 14, 1999).
46
U.S. Dep’t of Labor, EBSA v. Dutch American Import Co. , 2009 - RIS - 14, slip op. at 9 (ALJ, Jan. 6, 2010); see also
U.S. Dep’t of Labor, EBSA v. P.E.C. Contracting Engineers , …
91 FR 16088 — Fiduciary Duties in Selecting Designated Investment Alternatives ERISAProposed Rules (FR)Proposed Mar 31, 2026
…ndent professional advisors”);
Harley
v.
Minn. Mining & Mfg. Co.,
42 F. Supp. 2d 898, 907 (D. Minn. 1999),
aff'd sub nom. Harley
v.
Minn. Min. & Mfg. Co.,
284 F.3d 901 (8th Cir. 2002) (“[(“[I]f ]f a fiduciary lacks the education, experience, or skills to be able to conduct a reasonable, independent investigation and ev…
81 FR 21139 — Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Be… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
under section 4975 of the Code] is hereby transferred to the Secretary of Labor”).
Back to Citation
9.
29 CFR 2550.408b-2(e); 26 CFR 54.4975-6(a)(5). Back to Citation
10.
See
PTE 86-128, Exemption for Securities Transactions Involving Employee Benefit Plans and Broker-Dealers, 51 FR 41686 (November 18, 1986), as ame…
DOL Office of Administrative Law Judges — USDOL, EMPLOYEE BENEFITS SECURITY ADMINISTRATION v. PLAN ADMINISTRATOR, WHITE MOUNTAIN APACHE TRIBE RETIREMENT SAVINGS AND 401(K) PROFIT SHARING PLAN ANNUAL RE… ERISACourt RulingsNov 30, 2016
…ng information for the audit”)(emphasis supplied); U.S. Dep t . of Labor v.
Compgraphix, Inc ., No. 1999 - RIS - 53, slip op. at 8 (ALJ Oct. 14, 1999)(no reasonable cause
shown when failure to file IQPA report claimed impossible because of insolvency); U.S. Dept.
of Labor (EBSA) v. Synergy Mfg. Technology, Inc . No. 20…